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Citation: Farran, Sue (2012) Pacific Punch: tropical flavours of mixedness in the Island 
Republic of Vanuatu. In: Mixed Legal Systems East and West: Newest Trends and 
Developments, 14-15 May 2012, Chamber of the Maltese Parliament, Valetta, Malta. 
URL: 
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PACIFIC 
PUNCH 
 
 
TROPICAL 
FLAVOURS OF 
MIXEDNESS 
IN THE 
ISLAND 
REPUBLIC OF 
VANUATU 
 
Sue Farran 
 
 
Note: The Taiwan Documents Project does not endorse any political inferences that may be derived from the shading or typography 
 
Source: Central Intelligence Agency 1992. 
 
 
 
 
 
 
 
• THE CONDOMINIUM AND A 
MIXING EXPERIMENT 
• INDEPENDENCE AND THE 
CHANCE FOR A CLASSICAL 
MIX? 
• THE INGREDIENTS WHICH 
UNDO MIXTURES 
• THE POSSIBILITY OF A NEW 
MIX 
• CHALLENGING COCKTAIL 
RECIPES 
 
 
 
 
THE CONDOMINIUM 
OF THE NEW HEBRIDES 
• 1606 – the search for Terra Australis and 
 the discovery of Espiritu Santo 
• 1774 – Cook names the New Hebrides 
• 1840s – Catholic and Presbyterian 
 missions to save souls and settlers arrive 
• 1878 – Anglo-French agreement NOT to intervene in the islands 
• 1887 – Anglo-French Convention to establish a joint naval presence (1888) 
• 1902 – the appointment of separate Resident Commissioners 
• 1904 – Overtures for shared government 
• 1906 – Convention confirming an agreement to set up a ‘sphere of joint influence’ 
• 1914 – Protocol Respecting the New Hebrides (1922) 
• 1975 – Establishment of Representative Assembly 
• 1978 – New Hebridean Government of National Unity 
• 1979 – France and Britain agree to grant independence 
• 1980 – Santo and Tanna rebellions 
• Independence 
THE LEGAL SYSTEM 
UNDER THE 
CONDOMINIUM 
• Joint influence but parallel 
administration 
• Separate High and Resident 
Commissioners 
• Dualism for French and British 
subjects and optants 
• Separate National/High Courts 
• Joint regulations for ‘natives’ 
• Native (criminal) courts (1909-
1928) 
• (Mixed) Customary law for 
‘natives’ 
• The Joint Court (1910) – with a 
Spanish President for land and 
civil matters 
 
 
 
 
 
 
 
 
 
 
 
 
Take one part coffee liqueu r 
One part Grand Marnier / Triple Sec 
One part (Irish) cream or similar 
Decorate with a stirrer 
 
 
 
 
THE REPUBLIC 
OF VANUATU 
• Retention of French and British 
laws 
• Official Trilingualism 
• Retention of existing judges 
• Melanesian Francophiles and 
Anglophiles 
• Little legislative private law 
reform 
• The Constitution of the Republic 
• But Westminster model and 
common law court structure 
• The continuing possibility of 
‘opting’ 
• A new role for customary law 
and customary institutions 
INDEPENDENCE AND 
THE CHANCE FOR A 
CLASSICAL MIX 
 
 
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THE INGREDIENTS WHICH UNDO MIXTURES 
• Politics and religion 
• A second reception of 
common law through case-
law 
• Judicial appointments and 
the training of lawyers 
• Bi and trilingualism in legal 
services 
• Law reform and the 
advocacy of common law 
models 
• Aid for development 
• Politics and religion 
• Loss of French legal literacy 
• Lack of French lawyers or 
opportunities for 
Francophone ni-Vanuatu to 
study French law 
• Backlog of legal translation 
• Absence of 
advocates/champions for 
French law 
• Focus on culture and 
Francophonie not law 
THE POSSIBILITY 
OF A NEW MIX 
 
• Customary and colonial laws 
(family/land/criminal) 
• The Constitution and custom 
• Island Courts and Customary 
Land Tribunals 
• Indigenous magistrates and 
lawyers 
• Advocates of custom 
• Changing needs/changing 
practices 
• A blended example. IP 
Formal (introduced) forums 
Appeal Court 
Supreme Court 
Local Magistrates Courts 
Mixed forums 
Island Courts/Customary Land 
Tribunals 
Informal forum/chiefs 
Customary law 
CHALLENGING 
COCKTAIL RECIPES 
 
RESISTANCE AND 
REALITY IN NEO-COLONIALISM 
PURISTS AND PRAGMATISTS 
LEGAL DEVELOPMENT AND SUSTAINABILITY 
COMMON LAW 
CUSTOMARY 
LAW 
OTHER 
LAWS 
A PACIFIC MIX 
Step One 
Take equal parts of French and English 
law – do not stir 
Add to a base layer of indigenous law 
Use two straws to link the layers 
together via joint regulations 
 
Step Two 
Remove straws 
Use constitutional swizzle stick to 
gently stir 
Allow ingredients to settle 
Add more English law 
Add a sprinkling of international law 
 
Step Three 
Stir base layer of customary law 
thoroughly to disperse through 
mixture 
Add more international law 
Top up with formalised customary law 
Adjust to taste